Illinois Administrative Code
Title 26 - ELECTIONS
Part 125 - PRACTICE AND PROCEDURE
Subpart B - CLOSED PRELIMINARY HEARINGS
Section 125.252 - Scope of Preliminary Hearing - Procedures - Evidence
Current through Register Vol. 48, No. 12, March 22, 2024
The closed preliminary hearing is not an adjudication, but shall be an inquiry to elicit evidence on whether the complaint was filed on justifiable grounds and has some basis in fact and law.
a) The closed preliminary hearing shall be conducted by the Hearing Officer.
b) The Hearing Officer shall record the proceedings and make a copy of the recording available to either party upon request. A party may record the proceedings by employing his or her own court reporter or otherwise recording the hearing.
c) The closed preliminary hearing need not be strictly adversarial in nature.
d) At the close of the hearing, the Hearing Officer shall summarize the content of the hearing and his or her conclusions concerning the evidence and information represented and draft a recommendation to the Board addressing whether the complaint was filed on justifiable grounds. The Hearing Officer shall also attach to the recommendation any documents tendered to the Board during the hearing, and submit his or her recommendation to the Board for their consideration. The Hearing Officer shall send a copy to the General Counsel, as well as to the complainant and the respondent and their designated representatives.
e) The Hearing Officer shall have no authority to rule on any questions of law raised by the complainant or respondent, but shall note in the recommendation all such matters for the Board's disposition.
f) At any time before the Hearing Officer submits the recommendation, the complainant and respondent may settle the matters between them, subject to the approval of the Board. If the Board or a member of its staff is the complainant, the Hearing Officer shall have the authority to enter into a stipulation for settlement pursuant to Section 125.254, subject to Board approval.
g) No additional evidence shall be considered by the Hearing Officer after the conclusion of the closed preliminary hearing.